Disability Stereotypes

June 09, 2011

Garry Palmer sang his dead wife a gospel tune he wrote as he sat beside her headstone May 17, 2010, at Lake-view Cemetery in Loudon County.

It was the same routine the Lenoir City resident had performed every day since 53-year-old Brenda Palmer succumbed to kidney failure in 2008. But this particular evening took a path the 59-year-old man never expected and, he believes, changed his reputation forever.

Palmer has cerebral palsy.

He shakes.

He walks with a limp.

His speech is slurred.

On his way home that night, he accidently struck a dog that darted in front of his pickup truck. Deputies responded, and, Palmer said, because of his medical condition, wrongfully assumed he was driving drunk and sent him to jail. Now he has filed a multimillion-dollar lawsuit accusing Loudon County Sheriff Tim Guider, three county deputies and a court clerk of false arrest, failure to train officers, malicious prosecution and a constitutional rights violation...

June 06, 2011

...Randy Lewis, senior vice president of distribution and logistics for Walgreens, was the driving force behind Walgreens' extraordinary program to employ people with disabilities at its DC in Anderson, S.C. We first wrote about that effort in October 2007. In that story, we noted that Walgreens had committed to the plan even before selecting a site for the facility. And it was never seen as a short-term initiative or social experiment. Walgreens' decision to locate in Anderson was largely driven by the area's sizeable labor pool of disabled workers and the support services needed to help them succeed. "We wanted a sustainable model," Lewis said at the time.

And sustainable it has been. Today, workers with disabilities make up 40 percent of the work force at the Anderson DC, performing the same work as their more typically abled co-workers for the same pay. Walgreens has expanded the program to other facilities, most recently to its newest DC in Connecticut. And the Walgreens example has inspired other companies, including Lowes, Best Buy, Meijer, and Sears, to make similar efforts...

...On a February afternoon in 2007, Jonathan, a skinny, autistic 13-year-old, was asphyxiated, slowly crushed to death in the back seat of a van by a state employee who had worked nearly 200 hours without a day off over 15 days. The employee, a ninth-grade dropout with a criminal conviction for selling marijuana, had been on duty during at least one previous episode of alleged abuse involving Jonathan...

In the front seat of the van, the driver, another state worker at Oswald D. Heck Developmental Center, watched through the rear-view mirror but said little. He had been fired from four different private providers of services to the developmentally disabled before the state hired him to care for the same vulnerable population.

O. D. Heck is one of nine large institutions in New York that house the developmentally disabled, those with cerebral palsy, autism, Down syndrome and other conditions.

These institutions spend two and a half times as much money, per resident, as the thousands of smaller group homes that care for far more of the 135,000 developmentally disabled New Yorkers receiving services.

But the institutions are hardly a model: Those who run them have tolerated physical and psychological abuse, knowingly hired unqualified workers, ignored complaints by whistle-blowers and failed to credibly investigate cases of abuse and neglect, according to a review by The New York Times of thousands of state records and court documents, along with interviews of current and former employees...

How can recorded accounts of these institutions' mistreatment of residents and irresponsible management of funding be used to advocate for quality living situations for people with developmental disabilities? Please share your thoughts in comments below.

June 03, 2011

A group of disability advocates is charging that Facebook is turning a blind eye to profiles and pages on the social network that they say are offensive to people with disabilities.

In an open letter to Facebook CEO Mark Zuckerberg, advocates point to profiles and pages on the social network with names like “I am retarded and proud of it” and “Re Tard” that persist even after repeated reports to site administrators. They also claim that profiles critical of individuals with disabilities feature stolen photos of kids with special needs that have been ripped from personal Facebook pages.

More than 1,000 people have signed on to the letter spearheaded by Steven and Holly Tischer, who have a son with Down syndrome and run the organization Tischer’s Troops, which supports inclusion.

They plan to present the letter to Facebook officials on Wednesday by asking supporters to post it to the notes section of Zuckerberg’s Facebook page.

U.S. Departments of Transportation, Education and Labor Report Progress in Disability Rights Advocacy

By Jenifer Simpson, Government Affairs, AAPD

On Thursday May 27, 2011 AAPD participated again in the monthly disability outreach call that is hosted by Kareem Dale, Special Assistant to the President for Disability Policy. This briefing focused on recent efforts and some updates by the U.S. Departments of Transportation (DOT), Education (DOE) and Labor (DOL) on steps they are taking to implement and enforce non-discrimination of people with disabilities.

Transportation

The U.S. Secretary of Transportation, Ray LaHood, provided an update of his department’s various efforts to ensure accessible transportation, stating that accessibility is “One of our highest priorities at DOT,” and noted the importance of accessible transportation to employment, shopping and other activities. He also stated that “All people have physical limitations and all can expect disabilities as they get older.”

Travel: He said DOT will be celebrating the 25th Anniversary of the Air Carriers Access Act (ACAA) in the fall with an event. He mentioned the ADA regulations issued in 2010 that ensure that boats and ships don't discriminate, that is, vessel operators cannot charge extra for accessibility related services, cannot require someone to have an attendant and must have knowledgeable people available with information about accessibility and to resolve concerns of people with disabilities. He also said DOT was working with the U.S. Access Board on several rulemakings for construction guidelines for passenger vessels and on accessible public rights of way, such as streets, sidewalks and intersections. He said that they were also working to finalize regulations on new and altered rail stations so people with disabilities can have access.

Airplanes and Airports: LaHood said DOT would issue Notices of Proposed Rulemaking (NPRMs) soon. One will focus on airport and airline accessibility such as check-in areas, kiosks, airline websites, accessibility of in-flight entertainment, toilets on single-aisle planes, and service animals for psychiatric support. Another NPRM will focus on airport services such as service animal relief areas, captioning of waiting area TVs, and lifts used for getting on planes.

Enforcement: LaHood reported on DOT efforts to conduct better ACAA enforcement noting settlements with air carriers last year and civil penalties ranging from$125,000 to over $2 million, the largest ever assessed by DOT for a non safety-related violation.

Education

Russlynn Ali, the Assistant Secretary for Civil Rights at the U.S. Department of Education (DOE) then spoke about the Office of Civil Rights division (OCR) at DOE and made an announcement about accessible technology in education.

Enforcement: She said that OCR has twelve regional offices around the nation that enforce Section 504 of the Rehabilitation Act and Title II of the ADA. She said these offices field complaints from everyone and urged call listeners to contact these regional offices. She said that “Secretary Duncan wants to work proactively with schools, colleges and universities to ensure non-discrimination” and “to help with compliance on front end.” She said they have conducted nineteen compliance reviews over past the past two years, leading to improving education opportunities for many students with disabilities.

Accessible Technology: In follow-up guidance that DOE sent in June 2010 to college and university presidents on accessible E-book readers and other technology, Assistant Secretary Ali has now sent a new guidance letter on technology for students with disabilities. This “Dear Colleague” letter was sent to elementary and secondary schools, institutions of higher education, school boards, school superintendents and others on May 26, 2011. Ali said the new guidance “makes it clear that any emerging technologies, especially E-book readers, needed to be fully accessible” or other accommodations to disability “made in a timely way.” She said that the guidance includes an FAQ and other material and suggestions for teachers and others be as proactive and responsive as possible. Letters and Guidance are below.

Labor Department

Patricia Shiu, the Director of the Office of Federal Contract Compliance Programs (OFCCP) at the U.S. Department of Labor then spoke. She said OFCCP “is totally committed to full employment of people with disabilities, to have access to good jobs and to retain those jobs.” She noted that her office is one thirty of federal agencies that enforces civil rights and is “on the front lines for those who seek work and who are at work.” She said that “OFCCP was born in civil rights era.” She said that “those who contract and subcontract with the federal government must not discriminate in employment,” adding that “taxpayer dollars should never be used to discriminate.”

She said that one in four Americans works for a company with a federal contract, which is about 200,000 companies who receive over $700 million dollars annually. She said “enforcement actions should have positive ripple effect,” and her office has “a legal and moral responsibility to the public trust we hold.” She added that “being a federal contractor is a privilege, not a right, and they must abide by the law.”

New Regulations: Shiu said they were in the process of reforming the current OFCCP regulations. Last July 2010 they began the process with an Advance Notice of Proposed Rulemaking (ANPRM) on Section 503 non-discrimination requirements in the Rehabilitation Act of 1973. With receipt of comments from the ANPRM they have drafted a Proposed Rule on affirmative action and non-discrimination obligations of federal contractors and their subcontractors, sent to OMB on May 24, 2011, and which is under interagency review before it will be released for further public comments.

Ms. Shiu spoke about herself briefly, saying she had been a civil rights attorney for over 26 years, representing immigrants, people for whom English is a second language, garment workers, African American factory workers and people with disabilities. She said that “work is not about a paycheck but also about respect and self worth and financial security.” She added that “Workers want to be valued and want to work.” She also reiterated the Administration’s commitment to hire 100,000 people with disabilities over the next five years and that DOL is working on that.

Other Updates

Housing Lawsuit: Following these federal department updates, Kareem Dale provided some updates such as on the recent filing of a suit by US DOJ against the owners, developers, designers and construction company for nine multi-family housing buildings in Louisiana, Mississippi and Tennessee. These complexes comprise over 2,000 apartments and the investigation is looking at accessibility of the apartments and access to the leasing offices among other issues.

Accessible Money: Kareem Dale then mentioned the recent release by the U.S. Bureau of Engraving of a free downloadable app called “Eye Note.” This can be used by blind people on I-phones to read the denomination of money. Dale noted how “Technology when accessible, gives access” and send he uses the app himself.

Presidential Citizen’s Medal: Dale said that the White House was still receiving nominations for the 2011 Presidential Citizens Medal, and that the close date was May 31 and encouraged listeners of the call to visit the website, see who has been nominated or to submit a nomination.

May 31, 2011

DOL Announces About $20 million to Fund State-Run Programs Aimed at Improving Employment Outcomes for People with Disabilities

The Department of Labor's (DOL's) Employment and Training Administration (ETA), in coordination with DOL's Office of Disability Employment Policy (ODEP) announces the availability of approximately $20 million for a second round of cooperative agreements to state agencies that administer the Workforce Investment Act (WIA). These funds provide an opportunity for states to develop and implement a plan for improving effective and meaningful participation of persons with disabilities in the workforce.

"Workers with disabilities suffer from one of the lowest employment rates of any group in the American population, even in times of prosperity," said Secretary of Labor Hilda L. Solis. "It is vital that state and local agencies work together with private sector partners to improve these statistics. Through this second round of funding, we are expanding the Disability Employment Initiative to include programs in additional states."

How the Army Denied Tens of Thousands of Soldiers PTSD Care and Benefits

For eighteen years the Army used the wrong standard to determine the degree of disability and the amount of benefits due to Soldiers with mental health conditions, including Post-Traumatic Stress Disorder. The standard the Army used, at first, was at least recognizable as related to the correct standard. However, the correct standard was updated in 1996 and for 12 years afterwords the Army used a completely erroneous standard to deny benefits to those who need it most- disabled Warriors with injuries so severe they could not continue to serve. The result was denial of health care and compensation to the most vulnerable. Though there have been clear strides to address the problems, as late as this month the US government has defended its use of the wrong standard in court. And nothing has been done to address the tens of thousands of Soldiers who were improperly rated. In a time with record high suicides by Soldiers, this cannot stand...

With critics saying low wages show that people with disabilities are being exploited and supporters saying the pay rates reflect opportunities, where do you stand? Share your thoughts in the comments below.

You can reach them through the Capital Switchboard at (202) 224-3121 by giving your state and asking to be put through to your Senator.

Today, Senators Menendez and Enzi will be introducing legislation extending the Combating Autism Act for three more years. The Combating Autism Act was passed in 2005 without the involvement or consultation of a single Autistic person, let alone the broader self-advocate community. Without legislative action by Congress, the Act would expire on September 30th of this year. While we respect the Senators' good intentions, the Menendez-Enzi legislation would freeze in place the current flawed CAA programs, which fail to make any provision for services, do not incorporate anything about adults on the autism spectrum and exclude self-advocates.

What you can say:

A three year extension of the existing Combating Autism Act means a three year delay before Congress takes any meaningful action on services for Autistic people across the lifespan. It means three years before any new supports for adults on the autism spectrum are introduced and three years before any of the problems with the status quo are fixed. We can't afford to wait that long.

CAA's existing programs enable a severe bias in the autism research agenda against services and adult issues. According to the recently released IACC Research Portfolio, less than one percent of autism research dollars spent in 2009 went to research relating to adults while only three percent went to research about improving services, supports and education! This inequity calls out for change.

CAA's existing structure excludes the very people who should be at the center of the autism conversation: Autistic people ourselves. By locking in place for another three years a bill that was passed without the involvement of self-advocates, Congress would be sending a message that the needs and perspectives of Autistic adults don't matter.

Call Congress today at (202) 224-3121! Remember to call twice in order to reach both of your Senators.

If for accessibility reasons you need to e-mail your Senators instead you can find their e-mails on the Senate website at this link.

We need your help to remind Congress they can't ignore the voices of the Autistic community. As always, Nothing About Us, Without Us!

Frankie Mastrangelo is the moderator for both the Justice For All (JFA) national email listerv as well as for the JFActivist blog. She is also an organizer for the American Association of People with Disabilities in Washington, D.C.